This article shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Town of Lenox and shall establish powers, duties, and responsibilities in connection therewith.
The Fire Marshal is hereby designated to administer and enforce the New York State Uniform Fire Prevention and Building Code within the Town of Lenox.
The Town Board may adopt rules and regulations and fees for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with such code, this article or any other provisions of law. The Fire Marshal shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Lenox.
The Fire Marshal shall conduct periodic inspections for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time. If entrance to make an inspection is refused or cannot be obtained, the Fire Marshal may apply for a warrant to make an inspection to a court of competent jurisdiction.
The Fire Marshal shall keep official records of all permits, inspection records, recommendations, complaints and violation orders.
A. 
Registration required.
(1) 
The owner of real property containing premises in which is located a solid-fuel-burning device shall register the device with the Fire Marshal or his or her duly designated representative within 30 days of:
(a) 
The effective date of this amended section; or
(b) 
The date of acquisition of the device or of premises containing the device; or
(c) 
Completion of the construction of the premises containing the device prior to the occupancy of the premises.
(2) 
This may be done in writing or by a telephone call to the Fire Marshal; in the latter case, the Fire Marshal shall confirm in writing that the device is registered. A record of all existing solid-fuel-burning devices shall be compiled by the Fire Marshal or his or her duly designated representative. An inspection will be made by the Fire Marshal's office of all solid-fuel-burning devices and the owner, tenant, or lessee shall be notified of all violations in writing. Solid-fuel-burning devices previously registered with the Fire Marshal need not be reregistered, except that the provisions in Subsections B and C hereof shall remain applicable.
B. 
The owner of any real property containing premises in which is situated a solid-fuel-burning device, whether or not operable, is hereby required to notify, in writing, the Fire Marshal at least 10 business days in advance of the proposed closing of sale (whether by deed transfer or land contract) that such premises contains such a device, that the premises is about to be sold, and stating the closing date. The Fire Marshal shall thereupon inspect the device.
C. 
The purchaser of real property containing premises in which is situated a solid-fuel-burning device shall not operate or permit such a device to be operated by any tenant, lessee or guest, unless and until an inspection of such device has been made by the Fire Marshal and operation thereof approved.
D. 
"Solid-fuel-burning device," as used herein, shall have the meaning prescribed by the New York State Uniform Fire Prevention and Building Code and shall include any solid-fuel-burning heating appliance, fireplace, wood stove, coal stove, pellet stove, or solid-fuel-burning furnace.
The following provisions shall apply to the storage of chemicals and pesticides:
A. 
Such substances shall be stored in a single isolated building if possible. One area only shall be used for pesticide storage. Herbicides shall be stored separately from other pesticides; a separate room, cabinet or corner shall be used for pesticides.
B. 
The following shall apply if using existing buildings:
(1) 
Use a separate building if possible.
(2) 
If not, choose a wing or corner preferably on the first floor with a window in it for direct access in case of fire.
(3) 
Do not store pesticides in the same area with or above feeds or livestock or near other fire hazards such as ammonium nitrate.
(4) 
Be aware of potential runoff from firefighting and plan control through diking, collecting pools, etc.
(5) 
Ensure drainage away from building but minimize runoff into sensitive areas.
(6) 
Install an automatic sprinkler system and/or smoke and fire detection alarm when large quantities of chemicals are to be stored.
C. 
Every business selling hazardous materials shall report to the Fire Marshal on an annual basis. The date for filing to be determined by the State Fire Administrator. (See General Municipal Law § 209-u.)
D. 
The following rules shall apply to pesticide storage:
(1) 
Identify pesticide storage with prominent weatherproof signs over each entrance, including windows, if present, and on all sides of the building as shown in NFPA standards.
(2) 
Keep locked when not in use.
(3) 
Inform police, fire, and public health officials, in writing, of the location and layout of the storage, types of materials stored and hazards involved. Leave phone numbers of persons responsible for storage with the Fire Marshal.
(4) 
The owners must inform local physicians and hospital of potential hazards and be sure they know how to treat the same and that antidotes are on hand. Antidotes should include an adequate supply of atropine sulphate and 2-PAM (Protopam chloride).
(5) 
Post a list of chemicals along with a storage plan. If a diamond symbol is used, this rating would be common to most storages, as shown in NFPA standards.
(6) 
Keep pesticide containers, particularly glass, away from windows and out of the sun so they will not be subject to heat and ignition.
(7) 
Do not store partly empty containers of pesticides containing chlorates.
(8) 
Keep combustibles away from steam lines and heat. Read labels for information on flammability and store accordingly.
(9) 
Store highly toxic pesticides in one area.
(10) 
Store herbicides separately from other pesticides to prevent cross-contamination and to prevent mistakes in choice of materials.
(11) 
Dispose of unlabeled pesticides. Treat them as highly toxic.
(12) 
Use NFPA standards and reference materials as needed.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this article shall comply with all the provisions of such code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Fire Marshal finds that there has been a violation of such code, this article, or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the persons responsible. Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken. Violation orders may be served by personal service; by mailing by certified mail; or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, enforcement procedures shall be initiated by the Fire Marshal's office, pursuant to provisions of this article.
C. 
An action or proceeding in the name of the Town of Lenox may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the New York State Uniform Fire Prevention and Building Code, this article, rule or regulation adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
D. 
Any property owner who fails to comply with this article shall be liable for a civil penalty in a sum not exceeding $250 for each month that the violation exists following the issuance of a notice of violation as hereinbefore provided. The penalty herein is declared to be civil in nature and may be assessed upon the real property upon which the structure is located.